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trecht

temporary work authorization while waiting for H1B? (other than OPT)

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If you're in the US and an employer wants to hire you, are there workarounds so you can start working before the H1B comes through? Other than OPT?

 

I'm asking because I'm in the US on a J-1 visa, which currently expires in August; it may get extended for another year, but I don't know yet. I'm looking for H1B employment but the big hurdle seems to be that (unless the employer was cap-exempt) the earliest I could start work would be October 2020, and even that assumes a successful entry in the H1B lottery next year. Most employers would balk at hiring someone who couldn't start work for over a year. I've already done my OPT. So, are there any workarounds? Are there temporary visas, contractor visas or the like that they could sponsor you for while waiting for the H1B?

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This exists, it's called the Cap-Gap OPT, but it's only available to F-1 students on OPT, not J-1.

 

19 minutes ago, trecht said:

Most employers would balk at hiring someone who couldn't start work for over a year

It's a feature, not a bug

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"Working as intended"

 

No, there is no work authorization without changing status to one that permits work.


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There are many types of J1, so it's hard to tell you anything without knowing more about it. Also, the fact that you've done an OPT means you had an F1 at some point? 

 

 

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1 hour ago, trecht said:

Are there temporary visas, contractor visas or the like that they could sponsor you for while waiting for the H1B?

The H1b is the temporary visa, a very popular one hence the issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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30 minutes ago, Coco8 said:

There are many types of J1, so it's hard to tell you anything without knowing more about it. Also, the fact that you've done an OPT means you had an F1 at some point? 

 

 

I'm a J1 research scholar. And yes, I had an F1 when I was doing my PhD.

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Posted (edited)
4 hours ago, trecht said:

I'm a J1 research scholar. And yes, I had an F1 when I was doing my PhD.

 

For research scholar you can usually extend it if you keep working at the university. You can also try to get a job at the university with an H1B and they don't have caps like private companies. If you work at a Lab or something like that, universities typically sponsor H1B visas. If you can change to an H1B, you do the green card on your own. If you have a PhD you are under the research scholar category (or could be at another one depending on what field you are in) and you should be able to get a green card in like one year, because your date is current. 

 

I'm saying change to an H1B at the university (I'm assuming that's where you are), because I don't think you can do GC with J1.

 

You need to check if you need a J1 waiver.

 

 

Edited by Coco8

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Posted (edited)
15 hours ago, Coco8 said:

If you can change to an H1B, you do the green card on your own. If you have a PhD you are under the research scholar category (or could be at another one depending on what field you are in) and you should be able to get a green card in like one year, because your date is current. 

Thanks, Coco8. Changing to H1B at my university doesn't seem likely, unfortunately. But what do you mean by "do the green card on your own"? I don't fit into any of the categories for self-sponsorship as far as I can tell.

 

I don't need a J1 waiver -- not subject to the two-year requirement.

Edited by trecht

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6 hours ago, trecht said:

Thanks, Coco8. Changing to H1B at my university doesn't seem likely, unfortunately. But what do you mean by "do the green card on your own"? I don't fit into any of the categories for self-sponsorship as far as I can tell.

 

I don't need a J1 waiver -- not subject to the two-year requirement.

 

It depends on what your education is and on which field. I have friends with PhD/postdoc who self-petitioned based on "extraordinary ability". You need a lawyer, because it's not one of the "do it yourself" type of petition. 

 

 

 

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